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Ms. Kerry Sullivan April 8, 1992 Page 12 impacts from summerflow reduction. This is strongly recommendedto compensate for the fact that riparian diversions are not regulated by the state, and there is a clear need for some C186 measure of regulation in this case. :and is is not an accurate statement of riparian rights. Riparian diversions are regulated under State law are limited to correlative use by all riparians of natural flow, which generally doesn't occur in the okelumne River or Jahant Slough. We will comply with all State water rights laws. F_ Mitigation 4.6-3(b) C187 The applicant's pumping and use of groundwater for the project should be restricted to an amount roughly equivalent to the average annual amount of on-site groundwater replenishment, estimated to be approximately 180 acre-feet per year. The applicant should not utilize groundwater for water level maintenance in the lakes. Nor is this an accurate statement of the rights of an overlying ground water user. These rights are regulated under State law and relate to safe yield not on-site recharge. Each over-lying owner is entitled to use his share of safe groundwater yield. There is a sense in these comments that the applicant's proposed uses for domestic and wildlife-habitat uses are less desirable than adjacent agricultural usage at much higher rates of extraction. Page 4.6 - 20 Impact 4.6-5 C188 Development of the project will reduce the available flood water storage in the Mokelumne River floodplain, contributing to a cumulative increase in the water surface elevation during large floods. The impact of the project alone is not significant. ` How would the project reduce the available flood water storage in the Mokelumne River floodplain"? We propose to increase the lakes by excavating 1.6 million cubic yards of material. Page 4.6 - 20 Mitigation 4.6-5 The proposed project should minimize the extent of fill in the 100-year floodplain to reduce the C189 cumulative impact of reduced flood storage in the Mokelumne River floodplain. No levees should be constructed which exclude large portions of the site from the 100-year floodplain. This means the project should not construct earth embankments or levees that exclude 100-year food waters from spilling into the site. Is the Environmental Impact Report author stating an owner of property adjacent to a river cannot protect his property from flooding? Paqe 4.6 - 20 Impact 4.6-6 The percolation of water from on-site septic systems lake seepage and the irrigation of the golf C190 course and agriculture areas will contribute to a rise in the nitrate concentration of local groundwater, but not to the extent of violating or threatening the violation of applicable water quality standards. III-127